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GURBAKSH SINGH & SONS LTD V. BANK OF CREDIT & COMMERCE INTERNATIONAL (OVERSEAS) LTD

(1984) JELR 105066 (CA)

Court of Appeal  •  Civil Appeals 52 & 53 of 1982  •  7 Feb 1984  •  Kenya

Coram
James Onyiego Nyarangi, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

ORDER

Mr Khanna, for the appellants, by a motion on notice of February 2, 1984, expressed to be brought under rules 42 and 96 of the Court of Appeal Rules, asks this court to substitute as a party to the appeal in place of the late second appellant, Ajit Gurbaksh Singh, either Harbans Kaur, the widow, or one or both of the named executors of the deceased’s will who are Amrik Singh Gurbaksh Singh and Joginder Singh Gurbaksh Singh, the third and fifth appellants, and the hearing of the appeal be continued thereafter between the appellants, including the substituted party or parties, and the respondent, and the costs of the application abide the result of the appeal to all of which Mr Gautama, for the respondent, agrees.

Alternatively, it seems, for it is not entirely clear, Mr Khanna, moves for an order that the executors of the deceased be substituted now and the hearing of the appeal be deferred pending the production of their grant of probate, or the substitution and the hearing be de…

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